Effective protection of the marine and terrestrial environment increasingly requires cooperation between neighbouring States, international organizations, government entities and communities within States. This book analyses key aspects of transboundary environmental law and policy and their implementation in Asia, Australasia and Australian offshore territories, and surrounding areas beyond national jurisdiction including Antarctica. It discusses the potential for implementing key transboundary environmental mechanisms such as the 1991 Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) and its 1997 Protocol on Strategic Environmental Assessment (Kiev Protocol) in Australia and Asia drawing on experience from other regions and the potential application of these agreements to all UN member states. The book makes an innovative contribution to research in the area of transboundary environmental governance particularly as it applies to Asia, Australasia and international areas, supplementing similar research which has predominantly focused on Europe and North America.

This volume explores the factors that give rise to the number of people seeking asylum and examines the barriers they currently and will continue to face. Divided into three parts, the authors first explore the causality that generates displacement, examining climate change, illegal conflicts and the deprivation of natural resources. They argue that all of these problems either originate from human agency directly, or are strongly influenced by human activities, particularly those of wealthy countries in the North West. The study goes on to discuss how migrants are received and the problems they face on arrival, and concludes with confronting the fate and the status of asylum seekers after arrival, and the walls, both virtual and material, that they encounter. The authors propose ways of approaching the situation, beyond the present language and the limited interpretations of the Convention on the Status of Refugees. Written by leading experts in environmental ethics, asylum law, and international law, the book will be essential reading for those working in these and related areas.

Modern environmental regulation and its complex intersection with international law has led many jurisdictions to develop environmental courts or tribunals. Strikingly, the list of jurisdictions that have chosen to do this include numerous developing countries, including Bangladesh, Kenya and Malawi. Indeed, it seems that developing nations have taken the task of capacity-building in environmental law more seriously than many developed nations. Environmental Justice in India explores the genesis, operation and effectiveness of the Indian National Green Tribunal (NGT). The book has four key objectives. First, to examine the importance of access to justice in environmental matters promoting sustainability and good governance Second, to provide an analytical and critical account of the judicial structures that offer access to environmental justice in India. Third, to analyse the establishment, working practice and effectiveness of the NGT in advancing a distinctively Indian green jurisprudence. Finally, to present and review the success and external challenges faced and overcome by the NGT resulting in growing usage and public respect for the NGT's commitment to environmental protection and the welfare of the most affected people. Providing an informative analysis of a growing judicial development in India, this book will be of great interest to students and scholars of environmental justice, environmental law, development studies and sustainable development.

Climate Change already having serious impacts on the lives of millions of people across the world. These impacts are not only ecological, but also social, economic and legal. Among the most significant of such impacts is climate change-induced migration. The implications of this on human rights raise pressing questions, which require serious scholarly reflection. Drawing together experts in this field, Climate Change, Migration and Human Rights offers a fresh perspective on human rights law and policy issues in the climate change regime by examining the interrelationships between various aspects of human rights, climate change and migration. Three key themes are explored: understanding the concepts of human dignity, human rights and human security; the theoretical nexus between human rights, climate change and migration or displacement; and the practical implications and challenges for lawyers and policy-makers of protecting human dignity in the face of climate change and displacement. The book also includes a series of case studies from Alaska, Bangladesh, Kenya and the Pacific islands which aim to improve our understanding of the theoretical and practical implications of climate change for human rights and migration. This book will be of great interest to scholars of environmental law and policy, human rights law, climate change, and migration and refugee studies.

Addressing three central questions of legal policy, this is an interesting and comprehensive analysis of the need to control and regulate tobacco consumption. The core issues of the book are litigation vs. regulation with a comparative analysis of the US and European approaches; the challenge to regulate tobacco as a lawful product within constitutional limits to promote the reduction of risks to health and the extent to which consumers should be entrusted with information to make their own informed choices. Suggesting dialogue and transparency in policy development, this book covers advertising, psychology, ethics, economics and health in addition to the central debate about the litigation and regulation of tobacco and the role of consumer protection law and private law.

Environmental crime is one of the most profitable and fastest growing areas of international criminal activity. These types of crime, however, do not always produce an immediate consequence, and the harm may be diffused. As such, the complexity of victimization - in terms of time, space, impact, and who or what is victimized - is one of the reasons why governments and the enforcement community have trouble in finding suitable and effective responses. This book provides a diverse and provocative array of arguments, critiques and recommendations from leading researchers and scholars in the field of green criminology. The chapters are divided into three main sections: the first part deals with specific characteristics of some of the major types of environmental crime and its perpetrators; the second focuses explicitly on the problem of victimization in cases of environmental crime; and the third addresses the question of how to tackle this problem. Discussing these topics from the point of view of green criminological theory, sociology, law enforcement, community wellbeing, environmental activism and victimology, this book will be of great interest to all those concerned about crime and the environment.

This book offers a post-structuralist critique of the problems associated with modernist accounts of environmental harm and regulation. Through a notably detailed micro-political analysis of forest conflict, the author explores the limits of academic commentary on environmental issues and suggests that the traditional variables of political economy, race and gender need to be recast in light of four key modalities through which 'the environment' and 'environmental damage' are (re)produced. Focusing on vision, speed, lexicon and affect, the book engages a new ethic for categorizing and regulating 'nature' and challenges criminologists, sociologists, cultural theorists and others to reconsider what it is possible to say and do about environmental problems.

Mountains are the home of significant ecological resources - wildlife habitat, higher elevation plant systems, steep slopes, delicate soils and water systems. These resources are subject to very visible and growing pressures, most of which are caused by the unique features of mountains. Using as case studies four mountain resorts in the US and Canada, this book analyzes the extent to which the law protects the ecological systems of mountains from the adverse impacts associated with the development, operation and expansion of resorts. In order to examine these issues, Mountain Resorts takes an interdisciplinary approach, with contributions from ecologists and lawyers who focus on ski-related activities, increasing four-season use of the mountains and expanding residential, commercial and recreational development at the mountains' base. Its analysis of an array of US and Canadian federal, state and local laws provides a multifaceted exploration of the intersection of ecology and the law at mountain resorts.

This book analyses the Habitats Directive; one of the most prominent piece of EU environmental legislation of the past decades. Seen by some as the cornerstone of Europe's nature conservation policy, among other measures the Directive established the so-called "Natura 2000" ecological network, which covers more than 18% of the surface of the EU. However, despite the fact the Directive was adopted over twenty years ago only 17% of the protected habitats and species in Europe are being adequately protected while 10-60 % of animal species remain under threat. In light of the limited success and the contested nature of the Habitats Directive so far this book examines the successes and failures of the Habitats Directive from a legal and political angle. The book brings together international experts to consider the application, implementation and future of the Habitats Directive in order to assess whether the Habitats Directive is resilient enough to tackle biodiversity loss in the twenty- first century. Particular emphasis is put on the legal regime attached to the Natura 2000 network and its possible impact on land development and the relationship between the Habitats Directive and other topics including liability for ecological damage and transboundary nature conservation.

This book clarifies factors that play an important role in securing the effectiveness of legal regimes that aim to protect public interests of the international community. In Part 1, the authors focus on theoretical problems arising in the implementation process of those legal regimes from both a constitutional and functional perspective. In Parts 2 through Part 4, they pay attention to practical issues in the implementation process of particular legal regimes, in light of what interpretation or measures are legitimate from the perspective of protecting public interests. This book incorporates an idea of public law into the theoretical framework of international law which has been mainly constructed on the theory of private law in domestic legal systems. In contrast to many books which focus on the role of the procedural and material factors in the implementation process of various institutions and rules, this book emphasises the role of normative factors in securing effectiveness of public interests-oriented rules and is a valuable resource for both academics and policy makers working in this area.

Bringing together scholars of human geography, environmental sociology, law, economics and international policy from Finland, Russia, Sweden and Germany, this book examines how local communities and enterprises adjust to transition and institutional changes in Northwest Russia. A unique and important facet of the book is that it analyzes the law and legal institutions, focusing on how those involved in law use or abuse it, in relation to unofficial institutions and the interplay of different interest groups in governing forest and fishery resources. The local view is approached empirically with data gathered through interviews, which is then compared against institutional change at national level and in the global arena. Multidisciplinary in nature, the book demonstrates innovative ways of adjusting to change, combining old and new, local and global and providing a holistic view of the Russian economy and a society in transition.

Deforestation in tropical rainforest countries is one of the largest contributors to human-induced climate change. Deforestation, especially in the tropics, contributes around 20 per cent of annual global greenhouse gas emissions, and, in the case of Indonesia, amounts to 85 per cent of its annual emissions from human activities. This book provides a comprehensive assessment of the emerging legal and policy frameworks for managing forests as a key means to address climate change. The authors uniquely combine an assessment of the international rules for forestry governance with a detailed assessment of the legal and institutional context of Indonesia; one of the most globally important test case jurisdictions for the effective roll-out of 'Reduced Emissions from Deforestation and Degradation' (REDD). Using Indonesia as a key case study, the book explores challenges that heavily forested States face in resource management to address climate mitigation imperatives, such as providing safeguards for local communities and indigenous peoples. This book will be of great relevance to students, scholars and policymakers with an interest in international environmental law, climate change and environment and sustainability studies in general.

The fourth edition of this well established text brings the subject up-to-date with environmental legislation and provides a thorough understanding of the surface technologies of all materials used for finishes. It also aims to minimise the use of finishes which have shorter lives and hence need renewing more frequently. As the variety of materials used for finishes is so large, they have been grouped into their engineering categories of ceramics, polymers, metals and composites to aid understanding of their structure, behaviour and ability to resist degradation. Finishes is an essential textbook for Materials units on building, architecture, surveying and related degree and postgraduate courses, and for students of BTEC HNC/D building and surveying.

National implementation of the Convention on Biological Diversity (CBD) provisions has yielded enough challenges for providers and users of genetic resources and associated traditional knowledge alike. The Nagoya Protocal brings novel ideas for resolving the challenges plaguing the Access and Benefit-Sharing (ABS) process in general and non-commercial research in particular. This is one of the first books to address research cooperation and facilitated access for non-commercial biodiversity research. It uniquely offers concrete and practicable solutions based on experiences of researchers and administrative officials with ABS, and on the interpretation of the Nagoya Protocol on how free and lively taxonomic research can be ensured while at the same time observing obligations of obtaining prior informed consent and sharing of benefits. This book will be useful to students of International Environmental Law, International Biodiversity Law, Intellectual Property Law, Climate Law and Law of Indigenous Populations. With foreword from Executive Secretary CBD, Braulio Ferreira de Souza Dias.

Many businesses profess to be voluntarily taking steps to protect the environment, and going beyond compliance with environmental regulations to do so. Kurt Strasser evaluates these claims in this timely and cutting-edge inquiry.The author begins by analyzing whether firms with business environmentalism programs have better environmental performance records than others. He finds that the record is mixed and complex. Yet these kinds of programs are important, he argues, even if to date they have been only partially successful. He goes on to explore what policies should be adopted to promote and channel business environmentalism. The book concludes with a case study of the business community s efforts to mitigate climate change. A nuanced look at an issue of growing concern, this volume will be of great value to anyone concerned with corporate social responsibility, whether it be from a law, business, NGO or government perspective. Contents: Preface 1. Introduction 2. Business Environmentalism: What are Companies Doing and How is it Working? 3. Why Business Environmentalism is Important to Environmental Policy 4. New Governance Theory and Business Environmentalism 5. Supporting Environmental Management Systems with Regulatory Rewards 6. Regulating Information About Business Environmentalism 7. Business Environmentalism and Climate Change the Elephant in the Room 8. Conclusion Bibliography Index

Associating social justice with landscape is not new, yet the twenty-first century's heightened threats to landscape and their impact on both human and, more generally, nature's habitats necessitate novel intellectual tools to address such challenges. This book offers that innovative critical thinking framework. The establishment of the Universal Declaration of Human Rights (UDHR) in 1948, in the aftermath of Second World War atrocities, was an aspiration to guarantee both concrete necessities for survival and the spiritual/emotional/psychological needs that are quintessential to the human experience. While landscape is place, nature and culture specific, the idea transcends nation-state boundaries and as such can be understood as a universal theoretical concept similar to the way in which human rights are perceived. The first step towards the intellectual interface between landscape and human rights is a dynamic and layered understanding of landscape. Accordingly, the 'Right to Landscape' is conceived as the place where the expansive definition of landscape, with its tangible and intangible dimensions, overlaps with the rights that support both life and human dignity, as defined by the UDHR. By expanding on the concept of human rights in the context of landscape this book presents a new model for addressing human rights - alternative scenarios for constructing conflict-reduced approaches to landscape-use and human welfare are generated. This book introduces a rich new discourse on landscape and human rights, serving as a platform to inspire a diversity of ideas and conceptual interpretations. The case studies discussed are wide in their geographical distribution and interdisciplinary in the theoretical situation of their authors, breaking fresh ground for an emerging critical dialogue on the convergence of landscape and human rights.

Environmental Enforcement Authorities (EEAs), sometimes called Environmental Protection Agencies (EPAs), are the regulatory, monitoring and enforcement agencies of national, state/provincial and local governments worldwide responsible for implementing, monitoring and enforcing environmental legislation. This one-of-a-kind, authoritative handbook offers a comprehensive assessment of the principles and best practice of EEAs throughout the world with a focus on Europe, the USA, Canada, Australia, east and south-east Asia and various other OECD, transition and developing countries. The book assesses structures, expertise and capacity, financing, permitting, monitoring, inspection, enforcement and EEA performance and future directions. It also identifies best practice for creating or improving EEAs. It offers substantial information for industry on the nature of compliance with environmental regulations as well as vital information for professionals, consultants, NGOs and researchers working at the interface between government EEAs and industry.

Environmental crime is one of the most profitable and fastest growing areas of international criminal activity. The increasing cross-border scope of environmental crimes and harms is one of the reasons why governments and the enforcement community have trouble in finding the proper responses. Law enforcement cooperation between western industrialized states is often time consuming and problematic, and the problems increase exponentially when environmental criminals take advantage of situations where government and law enforcement are weak. This book provides an overview of the developments and problems in the field of transnational environmental crimes and harms, addressing these issues from perspectives such as enforcement, deterrence, compliance and emission trading schemes. Divided into four parts, the authors consider global issues in green criminology, responses to transnational environmental crimes and harms, alternative methods to combat environmental crime, and specific types of crimes and criminological research. Discussing these topics from the view of green criminology, sociology and governance, this book will be of great interest to all those concerned about the transnational dimensions of crime and the environment.

Building on knowledge within the fields of green and eco-global criminology, this book uses empirical and theoretical arguments to discuss the multi-dimensional character of eco-global crime. It provides an overview of eco-global crimes and discusses them from a justice perspective. The persistence of animal abuse and speciesism are also examined together with policies aimed at controlling the natural world and plant species. Pollution by large corporations, rights of indigenous peoples and the damage caused by the mineral extraction are also considered. Providing new ideas and insights which will be relevant on a global scale, this book is an interesting and useful study of the exploitation of nature and other species. It will be invaluable for students and scholars globally, working within or connected to the field of green and eco-global criminology. The book will also be important for the participants of various social movements, especially the environmental and animal advocacy movements.

In the 21st century, environmental harm is an ever-present reality of our globalised world. Over the last 20 years, criminologists, working alongside a range of other disciplines from the social and physical sciences, have made great strides in their understanding of how different institutions in society, and criminal justice systems in particular - respond - or fail to respond - to the harm imposed on ecosystems and their human and non-human components. Such research has crystallised into the rapidly evolving field of green criminology. This pioneering volume, with contributions from leading experts along with younger scholars, represents the state of the art in criminologists' pursuit of understanding in the environmental sphere while at the same time challenging academics, lawmakers and policy developers to explore new directions in the study of environmental harm.

The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.Climate Change Law, the first volume of the Elgar Encyclopedia of Environmental Law, provides a guide to the rapidly evolving body of legal scholarship relating to climate change. The amount of international, European and national legislation, judicial decisions, and legal scholarship in the field of climate law has now become almost overwhelming. This book focuses on the underlying concepts that are of concern to researchers, students and policymakers rather than on the details of national legislation. The core topics include the difficulty of setting up a coherent international treaty approach, the importance of national and subnational legal action, the potential role of international and national courts, and the importance of human rights and environmental justice. Providing a comprehensive discussion, more than 50 entries developed by experts from across the world cover mitigation and adaptation issues in their wider context, from both international and national perspectives. Each chapter concludes by identifying important research challenges. Finally, the concluding chapter argues that a discernible global legal regime is emerging. The 2015 Paris Agreement marks both the increasingly interlinked but polycentric nature of this new regime. This is the definitive resource for all those seeking the state of the art of climate change law, from students and legal scholars to practising lawyers, civil servants and NGOs. Contributors include: D. Badrinarayana, D. Benson, W.W. Buzbee, M.R. Caldwell, A.E. Camacho, H.S. Cho, R.K. Craig, B. Curtis, J. Dafoe, P. DeArmey, J. de Cendra de Larragan, J.C. Dernbach, N. de Sadeleer, M. Doelle, W.T. Douma, D.M. Driesen, B. Egelund Olsen, K.H. Engel, D.A. Farber, Heline Sivini Ferreira, S. Ferrey, S.R. Foster, D. French, P. Galizzi, M.B. Gerrard, N.S. Ghaleigh, M. Hall, S.B. Hecht, D. Hodas, T. Honkonen, S.-L. Hsu, A. Jordan, A. Kaswan, A. Keessen, S.-H. Kim, S. Krakoff, K. Kulovesi, M.A. Livermore, K. Lu, J. Lueders, R. Lyster, M.L. Melius, Z. Meng, H.M. Osofsky, J. Peel, M. Peeters, B. Pontin, L. Rajamani, A.W. Reitze Jr, J. Reynolds, B.J. Richardson, F. Romanin Jacur, T.Schomerus, J. Scott, D.A. Serraglio, F. Sindico, M.P. Solis, B.K. Sovacool, P.-T.Stoll, L.G. Sun, T. Tang, A.D. Tarlock, Q. Tianbao, X.F. Torrijo, H. van Asselt, M. van Rijswick, M.P. Vandenbergh, R.R.M. Verchick, C. Voigt, X. Wang, M. Wilensky, K.M. Wyman, Y. Zhang

This highly topical collection, edited by two accomplished academics, explores how environmental science and energy policy relate to international politics and policy. This complex and essentially interdisciplinary subject has been the core about which academics have fiercely debated and, as yet, unsuccessfully reached satisfactory negotiations. The editors interpret the politics of climate change as being driven less by scientific understanding than by disguised interests and deeply believed norms. The carefully selected papers in this volume both analyse and advocate policies that claim to be directed towards ?combating man-made global warming? and hence ?save the planet?.

This volume establishes a theoretical framework for exploring the role of host state legal systems (courts and bureaucracies) in mediating relations between foreign investment, civil society and government actors. It then demonstrates the application of that framework in the context of the south Indian city of Bengaluru (formerly Bangalore). Drawing on the 'law-and-community' approach of Roger Cotterrell, the volume identifies three mechanisms through which law might, in theory, ensure that social relations are productive: by expressing any mutual trust which may hold actors together, by ensuring that actors participate fully in social life and by coordinating the differences that hold actors apart. Empirical data reveals that each of these legal mechanisms is at work in Bengaluru. However, their operation is limited and skewed by the extent to which actors use, abuse and/or avoid them. Furthermore, these legal mechanisms are being eroded as a direct result of the World Bank's 'investment climate' discourse, which privileges the interests and values of foreign investors over those of other actors.

This timely book examines the role of environmental principles in changing international environmental law and politics, and argues for the importance of integrating environmental principles in the global governance of the environment. Afshin Akhtarkhavari includes both theoretical and jurisprudential analyses of the concept of environmental principles, as well as detailed case studies to examine their function and role in courts, and the differing approaches taken to soft law and regulation in international politics. Global Governance of the Environment concludes with succinct and insightful considerations of the role of environmental principles in changing international law and politics. This topical book will appeal to researchers, academics and students of international environmental law and politics, international relations, as well as domestic environmental law.

This handbook is a comprehensive guide to the federal Endangered Species Act, the primary U.S. law aimed at protecting species of animals and plants from human threats to their survival. The Act protects not only threatened and endangered animals and plants, but their habitats as well, from direct and indirect threats such as hunting and development. Enacted in 1973 without opposition, the Act has over the past 27 years become a focal point for controversy, as efforts to protect species have clashed with traditional views of economic progress. Despite the often heated debate, the Act enters the 21st century essentially unchanged.
This handbook, intended for lawyers, government agency employees, students, community activists, businesspeople, and anyone else who needs to understand the Endangered Species Act, guides the reader through the Act's provisions, including the procedures for listing species and designating their critical habitats, the requirements the Act places on federal agencies, and the scope of protections afforded to listed species. It contains a discussion of the modern extinction crisis and a brief history of endangered species protection in the United States. The handbook also explains how the Act and its implementing regulations have been interpreted by courts over the years. It provides valuable tips for citizens who wish to become involved in application and enforcement of the Act. The handbook includes the text of the Act, as well as a bibliography of related legislative materials, case law, and legal scholarship.